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WILKES-BARRE — The family of a Texan found dead behind a restaurant on Mundy Street in Wilkes-Barre Township nearly two years ago has filed an eight count civil lawsuit against an adult night club alleging he was kicked out without a jacket.
Angel Daniel Ray Mendez, 22, of San Antonio, was severely intoxicated and continued to be served alcoholic beverages while patronizing Teaser’s Gentlemen’s Club, also known as Dream Girls, the night of Feb. 28 into Feb. 29, 2020, according to the civil suit filed by Attorney Robert W. Munley III.
Munley filed the suit on behalf of Norma B. Mendez, acting as administrator of her son’s estate.
According to the suit, Mendez had been drinking alcoholic beverages prior to arriving at the adult club just before 11 p.m. on Feb. 28, 2020. Mendez left at 11:22 p.m., and returned to the adult club at 12:33 a.m. Feb. 29, 2020, where he was visibly intoxicated and continued to be served alcoholic beverages.
Mendez fell asleep and was awakened at 2:25 a.m. by staff at the adult club and was escorted outside without a jacket, according to the lawsuit.
Mendez was not able to find a ride to the Comfort Inn on Wilkes-Barre Township Boulevard where he was staying.
The suit alleges Mendez began walking in the wrong direction toward Bear Creek Boulevard away from the Comfort Inn. He was found dead behind a restaurant at 33 Bear Creek Boulevard at about 7:16 a.m. on Feb. 29, 2020, according to previous published reports.
An autopsy revealed Mendez died from hypothermia and alcohol toxicity. His death was ruled an accident by the Luzerne County Coroner’s Office.
According to the lawsuit, it is believed the temperature between 2:30 and 3:30 a.m. on Feb. 29, 2020, was 24 degrees with a wind chill of 9 degrees.
The lawsuit alleges staff at the adult club were negligent in failing to call a taxi, render aid or offer assistance to an intoxicated Mendez.
The lawsuit seeks $50,000 on each count to include wrongful death, negligence and violations of the state’s Dram Shop Act.
A message left at the adult club Monday was not returned.